Dismissal

A dismissal is the termination of an individual's employment by the employer. Employees have a right not to be unfairly dismissed from employment.

Before dismissing an employee, employers need to make sure that they have a potentially fair reason. The five potentially fair reasons for dismissal are: capability or qualifications; conduct; redundancy; where continued employment would contravene the law; and “some other substantial reason”.

A dismissal can also be constructive, where an employee resigns in response to his or her employer's breach of contract.


Royal Courts of Justice. Photo: REX/Image Broker

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An employment tribunal has struck out a BBC reporter’s claim after finding that she discussed her case with a newspaper...

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Tribunal Watch: Teacher’s dismissal for showing 18-rated film to pupils

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Christmas in the workplace: 10 common employer queries

13 Dec 2016

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Michelle Obama “ape” comment: how employers can deal with racist language

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Fair dismissal for failure to produce evidence of right to work in UK

22 Nov 2016

An employment tribunal held that an employee was fairly dismissed after failing to produce evidence of his right to work...

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Disciplinary procedures: three case law lessons for employers

22 Nov 2016

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Hampers and similar food gifts are big business at Christmas. The company in this case generates one third of its total annual turnover in the eight weeks from mid-September onwards. Food and Drink/REX/Shutterstock.

Fair dismissal for refusal to work Christmas overtime

9 Nov 2016

An employment tribunal held that a food company employee was fairly dismissed after she refused to do overtime in the...

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Workplace protected conversations shield cannot be waived

12 Sep 2016

In DLA Piper’s latest case report, the Employment Appeal Tribunal (EAT) confirmed the privilege that applies to protected conversations cannot...

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Dismissal of paraplegic employee angry over lack of wheelchair access

23 Aug 2016

The Employment Appeal Tribunal (EAT) held that it could be discrimination arising from disability to dismiss a disabled employee who...

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Changes to tax on termination pay in April 2018

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A former security guard for defence firm Qinetiq claimed that his dismissal following sickness absence should have followed the Acas code. Photo: Equinox Features/REX/Shutterstock.

Ill-health dismissals: Acas disciplinary code not applicable

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Default retirement age: five key trends since it hung up its boots

8 Aug 2016

It’s now five years since employers saw the abolition of the default retirement age. What impact has the removal of...

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Greggs baker fairly dismissed for not washing hands

4 Aug 2016

An employment tribunal has held that Greggs fairly dismissed an experienced baker who did not wash his hands before returning...

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